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2019 (12) TMI 101 - HC - Indian LawsSuspension of sentence pending the appeal - grouse of the petitioner-accused is that bare perusal of Section 389 Cr.P.C, nowhere suggests that Appellate Court while considering the application for suspension of sentence, is necessarily required to issue direction to the person in appeal for depositing amount of compensation - HELD THAT:- True, it is that bare perusal of Section 389 of Cr.P.C, which is reproduced hereinabove, nowhere suggests that Appellate Court while considering the application for suspension of sentence cannot order for suspension of sentence awarded by the learned trial Court without calling upon the person seeking suspension of sentence to deposit amount of compensation, if any, awarded by the learned court below. Solely with a view to mitigate the hardship of complainant, especially in proceedings under Section 138 of the Negotiable Instruments Act, Section 143 of the Act has been incorporated, whereby Courts can order accused to pay 20% of the cheque amount during the pendency of proceedings under Section 138 of the Act - Aforesaid provision of law has been incorporated with a view to provide interim relief to the complainant, who is unnecessarily compelled to approach the Court of law for realization of his/her own money. Similarly, the appeal is statutory right of a person and such right cannot be allowed to be defeated merely on account of nondeposit of compensation amount, if any, awarded by the learned trial Court. Hon’ble Apex Court in case titled DILIP S DAHANUKAR VERSUS KOTAK MAHINDRA CO LTD & ANR [2007 (4) TMI 667 - SUPREME COURT] has categorically held that power of Court to suspend the sentence with regard to realization of compensation is totally different from its power to issue direction for realization of fine. Though, in the aforesaid judgment Hon’ble Apex Court has categorically held that Appellate Court while suspending the sentence, is entitled to put appellant on terms, but an order may not be passed which the appellant cannot comply with, resulting him being sent to the prison. Careful perusal of aforesaid exposition of law laid down by the Hon’ble Apex Court, suggests that Appellate Court while suspending the sentence, if any, imposed by the trial Court though is not totally barred or estopped from directing the appellant to deposit the amount, but such amount should be reasonable - In the case at hand, while suspending the sentence imposed by the trial Court has ordered for deposit of 40% (₹ 1,16,000) of the compensation amount awarded by the learned trial Court, which is definitely on higher side. Petition allowed.
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